Haynes and Boone’s bankruptcy and insolvency lawyers regularly appear in bankruptcy courts throughout the country to represent clients in myriad litigation matters that arise in a bankruptcy case.
Bankruptcy and insolvency matters present a fertile environment for litigation. This litigation can involve fast paced “contested matters” as well as more traditional “adversary proceedings.” From initial filing, discovery and trial of a matter, we have dealt with virtually every type of dispute that arises in a bankruptcy context. Our lawyers have deep experience in dealing with bankruptcy litigation matters including:
Bankruptcy litigation matters present special challenges and a substantial body of unique substantive law and procedural rules that make litigation in a bankruptcy court different from regular civil litigation. Our bankruptcy team includes a contributing co-author of the 2007-2008 Bankruptcy Litigation Manual (Aspen Law & Business), an essential tool for civil litigators who are confronted with litigation in a bankruptcy context.
In re Adelphia Commc'ns Corp., 365 B.R. 24 (Bankr. S.D.N.Y. 2007)
In re Am. HomePatient, Inc., 420 F.3d 559 (6th Cir. 2005)
Am. LaFrance, LLC, Case No. 08-10178 (BLS), D. Del. Litigation over contested plan of reorganization that resulted in confirmed plan in under 100 days after filing the case as counsel for the debtor.
Asarco LLC, et al., Case No. 05-21207, S.D. Tex. Representation of the sole shareholder of the debtor in both contested confirmation of a plan by which ownership of the debtor was to be changed notwithstanding client's competing proposal to pay creditors and also as trial counsel in defense of $10 billion fraudulent transfer claim asserted by the debtor against the client in noncore trial proceeding.
In re Contractor Tech., Ltd., 345 B.R. 800 (Bankr. S.D. Tex. 2006)
Custom Forest Prod., Ltd., Case No. 06-50059, W.D. Tex. Representation of the Liquidating Plan Trustee in pursuit of preference claims and as counsel concerning issues arising in the prosecution by special litigation counsel of noncore fraudulent transfer and business tort claims incident to the failure of the business.
Delphi Corp., Case No. 05-44481 (RDD), S.D.N.Y. Representation of substantial bondholder and creditor in litigation regarding presentation and acceptance of a competing bid for assets of the company.
In re Dow Corning Corp., 250 B.R. 298 (Bankr. E.D. Mich. 2000). Representation of the Tort Claimants Committee in successfully disputing claims by the government that it was due hundreds of millions for reimbursement of government paid health benefits.
Dow Corning Corp., Case No. 00-cv-00005, E.D. Mich. Representation of the Tort Claimants Committee during the main bankruptcy case leading to confirmation of a Joint Plan as well as the tort claimants representatives post confirmation on issues relating to the allowance of late claims on behalf of claimants and on significant reduction of substantial contribution claims asserted in the case.
In re Enron Corp. Sec., Derivative & 'ERISA' Litig., 236 F.R.D. 313 (S.D. Tex. 2006)
Kaiser-Francis Oil Co. fka Waterford Energy, Inc. v. State of Okla., ex re. Comm'rs of the Land Office (In re Waterford Energy, Inc.), Adv. P. No. 04-03839, S.D. Tex. Defense of the State of Oklahoma on contempt and discharge violation claims associated with the claim by the plaintiff that the previous chapter 11 confirmed plan barred the assertion of prebankruptcy claims by the state for unpaid royalty and other business tort claims against the debtor’s successor.
Lexxus Intern., Inc. v. Loghry, 512 F. Supp.2d 647 (N.D. Tex. 2007)
Lone Star Milk Producers, Inc. v. Litzler, 370 B.R. 671 (Bankr. N. D. Tex. 2007)
Lothian Oil Inc., et al.; Case No. 07-70121; W.D. Tex. Litigation by creditors and investor claimants regarding the bona fides of several asset sales conducted by the debtor.
In re Mirant Corp., 197 Fed. Appx. 285 (5th Cir. 2006)
Mirant Corp. v. The Southern Co., 337 B.R. 107 (N.D. Tex. 2006)
In re Musslewhite, 177 Fed. Appx. 455 (5th Cir. 2006), involving successful affirmance of denial of claims made against the client by the debtor’s receiver seeking to recovery substantial multi-million dollar amounts on account of contract disputes.
The Na'l Benevolent Ass'n of the Christian Church (Disciples of Christ), et al., Case No. 04-50948-RBK, W.D. Tex. Successful representation of bondholders who opposed the debtors’ efforts to use cash collateral for further operations in lieu of paying the bondholders on account of current indebtedness.
Seaquest Diving, LP, Case No. 07-32068, S.D. Tex. Representation of secured and unsecured creditor to force subordination of competing judgment creditor in order to generate substantial return on client's claims.
Scotia Dev. LLC, et al., Case No. 07-20027-C-11, S.D. Tex. Representation of creditor group on contested plan confirmation involving multiple proposals and competing offers.
Tri-Union Dev. Corp., Case No. 03-44908-H1-11, S.D. Tex. Representation of the Debtor on contested issues relating to plugging and abandonment obligations for offshore properties.
In re Xacur, 116 Fed. Appx. 516 (5th Cir. 2004)